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Joseph Brophy’s Answers

I am trying to sue for malpractice, how do I go about it?

I was in Osawattamie State Hospital for 4 months, I complained of chest pain the whole time I was there in 2012. Then I was at Flinthills nursing center for about for 4 months, complained about chest pain they also did nothing. Last year in July...

Joseph’s Answer

April 9, 2015 11:06am

If you are considering filing a medical malpractice case, you absolutely must consult with an attorney who is an expert in the field in the state where the malpractice allegedly occurred. Medical malpractice cases are extremely technical and difficult even for attorneys. A do-it-yourself medical malpractice case is a sure loser. Medical malpractice lawyers are generally happy to answer questions over the phone without charge, and almost always work on contingency in cases they accept.

Is it possible to bypass probate for money in an out of country bank account?

My aunt died without a will and her husband is willing to have the money in the account go directly to her mother. The husband didn't know that the account (Hong Kong) even existed. This account has a significant amount of money in it and her es...

Joseph’s Answer

April 9, 2015 11:01am

Your best bet is to ask a Hong Kong lawyer this question, since a Hong Kong account would be subject to Hong Kong law. If the account were in the US, probate would be necessary if it were in your aunt's name alone. To avoid probate of a bank account, many people will make it a joint account, or payable on death, but once the owner of the account dies, it can't be changed.

What do I do if hired a partner for an attorney, in my MVA case. But I'm only working with an associate attorney in the firm?

When the partner & the associate came to the facility where I am recovery. The partner did all the talking. Told me I was hiring her. She answered all my questions, spoke of her qualifications and about the firm she worked for. Her referral to ...

Joseph’s Answer

March 25, 2015 12:01pm

You hired the law firm and the partner is responsible that you should receive the legal services you need. Unless the partner specifically agreed to do everything on your case, there is nothing wrong with having the associate handle those phases of the case that he or she is qualified to do.

Complaint against lawyer and judge

What are the consequences of filing disciplinary complaint against lawyer/judge on the complainant ?

Joseph’s Answer

March 25, 2015 11:57am

Such complaints are absolutely privileged. Any form of retaliation against the complainant is highly unethical. That being said, complaints against judges and lawyers should only be made for a very good reason. Complaints most likely to be upheld involve proven financial misdeeds like a judge taking a bribe or a lawyer stealing a client's money. If you complain that a judge was biased or your lawyer was not diligent enough in representing you, the chances of a disciplinary complaint going anywhere are remote.

I am executor of my deceased aunt estate, family member live on 1st fl of the home over a year as of 1/8 have not paid anything

Since 3/2014. Have file for ejection but now there is a burst pipe in the home, this is a 2 family house they are the only one in the home so I need to know legally can I enter the first fl to let the insurance company in to get an estimate for w...

Joseph’s Answer

March 24, 2015 11:30am

As executor you have a duty to maintain the property for the benefit of the estate, and to eject any deadbeat tenants whether they are relatives or not. So yes, you should enter the premises. The ejection is a separate issue. You will need to notify them, but it might create a scene if you try to do it when inspecting the water damage.

My wife may need an attorney for a botched lap band procedure.

My wife had a lap band surgery a little over a year ago. When the anesthesiologists gave my wife antibiotics that he knew she was allergic too. I know because I was there when he talked to her and I . she stopped breathing and had to have a tube p...

Joseph’s Answer

March 9, 2015 12:05pm

It's not possible to offer an opinion whether your wife has a basis to sue without much more information. Contact one or more medical malpractice lawyers. They are generally happy to talk to people with potential cases, and give free consultations if they think a case likely has merit. Don't delay. California has a short statute of limitations for medical malpractice.

Did I suffer from Medical Malpractice?

I had surgery to remove a bunion, right foot. Next day, all four of my toes were black, to my toe nail from brushing. Plus brushing all over the top of my foot and around my heal & my ankle was in severe pain. Three months later, I'm still in pain...

Joseph’s Answer

March 9, 2015 11:59am

You have a medical problem and possibly a legal one. For the medical problem, a second opinion would be in order before undergoing more surgery. You clearly had a bad result from the first surgery. You will need to consult with a medical malpractice lawyer. Such consultations are generally free of charge. If the lawyer thinks there is a likely case, he or she will need to obtain medical records and have them reviewed by one or more experts to determine if the doctor acted in accordance with good medical practice, and if not, whether the doctor's conduct caused the injury.

Is there an ethics law or rule that states an attorney shouldn't discuss strategy, or ways to better win a a case?

No specific details, just wondering why my friends attorney wont tell him much on how to successfully win a civil claim. During a claim or suit does the opposing side ask if the atty guided them? Why should it matter? Seems that's what an atty is ...

Joseph’s Answer

March 9, 2015 11:50am

I am assuming your question is about a civil suit seeking damages with a contingent fee arrangement. If that is what you are asking about, it is essentially impossible in many cases to predict what the outcome of the case will be. Therefore many lawyers, including myself, believe that it is a bad idea for the attorney to discuss the potential recovery in the case until negotiations are active and there is an offer on the table. There is certainly nothing wrong with discussing the strategy of the case with the client.

What about If I had chance for my disability because I had a massive stroke and I have proof of my doctor own has diagnosed

I have medical proof with own doctor and he has filed all of my medication and my diabetic supplies.

Joseph’s Answer

March 6, 2015 1:48pm

This is not a personal injury question and there are not enough facts provided for anybody to provide an answer. Please post a more detailed question. Possibly you are asking about Social Security Disability but it's impossible to tell based on the few facts you provide.